IP Updates

First to File Isn’t Always First to Finish: TGL’s Declaratory Action Dismissed in Trademark Dispute

In a recent case decision from the United States District Court from the District of Delaware, authored by Eastern District of Pennsylvania district judge Joshua D. Wolson, sitting by designation, the Court declined to exercise declaratory judgment jurisdiction in a first-filed suit filed by TGL Golf Holdings, LLC (“TGL”) against [...]

AI and Copyright Part Deux – D.C. Court of Appeals Rules that Artwork Autonomously Generated by an AI System is not Copyrightable

With the increasing development and use of AI systems for all manner of purposes, one question naturally arises in the intellectual property world – is artwork generated by AI systems copyrightable?  The answer, as with many legal questions, is that it depends.  In the instance under discussion, the person [...]

AI and Copyright – Court Finds That Training an AI Research Tool on Copyrighted Text is Copyright Infringement and Not a Fair Use

In a recent opinion out of the District of Delaware, Judge Stephanos Bibas revised an earlier decision and, in this instance, granted summary judgment in favor of copyright owner Thomson Reuters and against ROSS Intelligence in connection with ROSS Intelligence’s use of a number of copyrighted headnotes from the [...]

Using Your Competitor’s Name or Trademarks as Google Ad Keywords is not Necessarily Illegal

In an interesting and even slightly unnerving opinion from the United States Court of Appeals for the Ninth Circuit, the appeals court ruled in a keyword advertising dispute that the keyword “conquesting” is not per se unlawful.  Keyword “conquesting” occurs when your competitor purchases your business’s name and/or trademark(s) [...]

Client Alert – U.S. Trademark Office Fee Increases Effective January 18, 2025

The United States Patent and Trademark Office (USPTO) is set to increase several trademark-related fees effective January 18, 2025. Specifically, filing fees will be standardized at $350 per class of goods or services. A notable change is introducing a $100 per class penalty if insufficient information is provided with [...]

Understanding the Federal Circuit’s Recent Ruling on Exceptional Case Findings in Patent Litigation

In a recent opinion from the United States Court of Appeals for the Federal Circuit, the Court underscored the stringent requirements for securing an "exceptional" case finding under the Patent Act (35 U.S.C. § 285). This finding is crucial as it serves as the predicate for awarding attorneys’ fees to [...]

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